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STATE OF MICHIGAN
DEPARTMENT OF INSURANCE MH> FINANCIAL SERVICES
Before the Director of the Department of Insurance and Financial Services
In the matter of:
Enforcement Case No. 15-12448
Cash Now XXI, LLC
License No. DP-0013594
Respondent.
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Issued and entered
on '(\l. Ou..~, LR . 2015
By Rholld J. Fossitt
Senior Deputy Director
ORDER ACCEPTING STIPULATION AND REQUIRING COMPLIANCE AND
PAYMENT OF FINES
Based upon the Stipulation to Entry of Order and the files and records of the Department of
Insurance and Financial Services (DIFS), the Senior Deputy Director finds and concludes that:
I.
Pursuant to Executive Order 2013-1 , all authority, powers, duties, functions, and
responsibilities of the Commissioner of the Office of Financial and Insurance Regulation
(Commissioner) have been transferred to the Director of the Department of Insurance and
Financial Services (Director.)
2.
The Senior Deputy Director has jurisdiction and authority to adopt and issue this Order
Accepting Stipulation and Requiring Compliance and Payment of Fines in this
proceeding pursuant to the Michigan Administrative Procedures Act of 1969 (AP A), as
amended, MCL 24.201 et seq., and the Deferred Presentment Service Transactions Act
(Act), 2005 PA 244, MCL 487.2121 et seq.
3.
All required notices have been issued in this case and the notices and service thereof were
appropriate and lawful in all respects.
4.
Acceptance of the Stipulation to Entry of Order is reasonable and in the public interest.
5.
All applicable provisions of the APA have been met.
6.
Respondent violated Section 34(8) of the Act, MCL 487.2154(8).
Order Accepting Stipulation
Enforcement Case No. 15-12448
Page 2 of2
Now therefore, based upon the Stipulation to Entry of Order and the facts surrounding this case,
IT IS ORDERED THAT:
A.
Respondent shall comply with all terms agreed to in the Stipulation to Entry of Order.
B.
Respondent shall pay to the State of Michigan, through DIFS, administrative and civil
fines in the amount of $2,200.00. Respondent shall pay the fines within 30 days of the
invoice date as indicated on the DIFS invoice.
C.
Respondent shall not engage in any violations of sections of the Act identified in
paragraph 6 of this Order.
D.
Respondent shall, on each business day, conduct checks of all deferred presentment
service transaction contracts to make certain that the closed transactions are timely
entered into the Veritec database and all transactions, including repayment plans, are
properly reported to the Veritec database, in compliance with the Act.
E.
Respondent shall, on each business day, conduct a review of its deferred presentment
service transactions to determine if all new transactions have been reported to the Veritec
database by comparing its daily transactions to the transactions that have been reported to
the Veritec database.
F.
The Senior Deputy Director retains jurisdiction over the matters contained herein and has
the authority to issue such further order(s) as shall be deemed just, necessary, and
appropriate in accordance with the Act. Failure to abide by the terms and provisions of
the Stipulation to Entry of Order and this Order may result in the commencement of
additional proceedings.
,j?LJJ~~
RhondaUostt
Senior Deputy Director
Consent Order and Stipulation - DPSTA
LastModified: 12/18/2014
RECEIVED
APR 2 9 2015
STATE OF MICIDGAN
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
DIFS/OGC
Before the Director of the Department of Insurance and Financial Services
In the matter of:
Cash Now XXI, LLC
License No. DP-0013594
Enforcement Case No. 15-12448
Respondent.
- - - - - - - -I
STIPULATION TO ENTRY OF ORDER
Cash Now XXI, LLC (Respondent) and the Department of Insurance and Financial Services
(DIFS) stipulate to the following:
; \
1.
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1 i J ( - ....J , DIFS served Respondent with a Notice of
On or about ( ;\.,~ Jh.,
Opportunity to Show Compliance (NOSC) alleging that Respondent had violated
provisions of the Deferred Presentment Service Transactions Act (Act), 2005 PA 244,
MCL 487.2121 et seq.
2.
The NOSC contained allegations that Respondent violated Section 34(8) of the Act, MCL
487.2154(8), and set forth the applicable laws and the penalties which apply.
3.
Respondent exercised its right to an opportunity to show compliance pursuant to the
Michigan Administrative Procedures Act (APA), MCL 24.201 et seq.
4.
DIFS and Respondent have conferred and have agreed this matter may be resolved
pursuant to the terms set forth below.
5.
At all pertinent times, Respondent was licensed with DIFS as a deferred presentment
service transactions provider pursuant to the Act.
6.
Respondent neither admits nor denies the allegations contained in the NOSC and the
parties have reviewed this matter and desire to avoid the time and expense of formal
proceedings and have agreed to resolve this matter pursuant to this Stipulation to Entry of
Order.
7.
Respondent shall, on each business day, conduct checks of all deferred presentment
service transaction contracts to make certain that the closed transactions are timely
entered into the Veritec database and all transactions, including repayment plans, are
properly reported to the Veritec database, in compliance with the Act.
8.
Respondent shall, on each business day, conduct a review of Its deferred presentment
service transactions to determine if all new transactions have been reported to the Veritec
Stipulation to Entry of Order
Enforcement Case No. 15-12448
Page 2 of3
database by comparing its daily transactions to the transactions that have been reported to
the Veritec database.
9.
Respondent agrees that it will pay to the State of Michigan, through DIFS, administrative
and civil fines in the amount of $2,200.00. Respondent further agrees to pay the fine
within 30 days of the invoice date indicated on the DIFS' invoice.
10.
Both parties have complied with the procedural requirements of the APA and the Act.
11.
Respondent understands and agrees that this Stipulation to Entry of Order will be
presented to the Senior Deputy Director for approval.
12.
The Senior Deputy Director may, in her sole discretion, decide to accept or reject the
Stipulation to Entry of Order. If the Senior Deputy Director accepts the Stipulation to
Entry of Order, Respondent waives the right to a hearing in this matter and consents to
the entry of the Order Accepting Stipulation and Requiring Compliance and Payment of
Fines. If the Senior Deputy Director does not accept the Stipulation to Entry of Order,
Respondent waives any objection to the Director holding a formal administrative hearing
and making her decision after such hearing.
13.
Respondent has had an opportunity to review the Stipulation to Entry of Order and the
proposed Order Accepting Stipulation and Requiring Compliance and Payment of Fines
and have the same reviewed by legal counsel.
14.
It is further stipulated that failure to comply with the Order of the Director accepting this
Stipulation by failing to pay the administrative and civil fines as set forth above shall
result in the commencement of an action to suspend (or to continue the suspension of) all
licenses and registrations under the Act held by Respondent.
15.
It is further stipulated that in recognition of the requirement that a licensee applicant must
show, and the Director determine, that it has the financial responsibility, financial
condition, business experience, character, and general fitness to reasonably warrant a
belief that the applicant will conduct its business lawfully and fairly, and that in so
ma.lcing that determination the·Direc.tor may review the competence, experience, integrity,
and financial ability of any person who is a member, partner, executive officer, or a
shareholder with 10% or more interest in the applicant, should the Respondent fail to
comply with the Order of the Director accepting this Stipulation by failing to pay the
administrative and civil fines as set forth above, such failure will be taken as evidence of
a lack of financial responsibility, competence, integrity, financial ability, character and/or
general fitness and result in the denial of any license or registration renewal and the
denial of future applications for any licensure or registration of both Respondent and its
owners until compliance with the terms of this Stipulation are shown.
Consent Order and Stipulation - DPSTA
Last Modified: 12/18/'2014
Stipulation to Entry of Order
Enforcement Case No. 15-12448
Page 3 of3
16.
It is further stipulated that the amount of administrative and civil fines has been
negotiated in return for the avoidance of further proceedings and certain promises and
conditions, one of which is the timely payment of said administrative and civil fines.
Should Respondent fail to pay the administrative and civil fines in accordance with the
terms of this Stipulation and Order, the parties agree that an action will commence to
determine if the Respondent has, in fact, failed to pay, and, if so, Respondent agrees that
the administrative and civil fines will inunediately increase to the maximum amount
allowed under the Act and shall be immediately due in full.
Cash Now XXI, LLC
Lf.().3 -JS
Dated
Its:
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DIFS Staff approve this Stipulation to Entry of Order and recommend that the Director issue an
Order Accepting Stipulation and Requiring Compliance and Payment of Fines.
F INSURANCE AND FINANCIAL SERVICES
S ott Basel (P68335)
Staff Attorney
Dated
Consent Order and Stipulation - DPSTA
Last Modified: 12118/2014